You may have heard talk about how extensive and time-consuming the trademark application process can be. However, the benefits that are to follow may just make these efforts worth it. Continue reading to learn the advantages of trademarking your creative work and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can lead you through every step of the way.
What are some of the advantages of trademarking my original work?
Once you obtain a trademark for your original work, you will be protected under the Lanham Act. This federal statute will prevent competitors from infringing upon, diluting, or falsely advertising your registered mark. More specifically, you may reap the following advantages:
- There will be a constructive notice sent out to the public regarding your claim of ownership of the mark.
- There will be a legal presumption of your ownership that is enforceable in state court.
- There will be an opportunity to bring any action concerning the infringement, dilution, or false advertising of your mark to federal court.
- There will be a diminished burden of proof to show the federal court that another party is infringing upon, diluting, or falsely advertising your mark.
- There will be an assurance that competitors do not have a similar trademark, and therefore you will not accidentally infringe upon another party’s mark.
- There will be an exclusive right to use the mark nationwide on, or in connection with, the goods and services listed in your registration.
- There will be a chance to use your nationwide registration to eventually obtain registration in foreign countries.
How do I prepare for the trademarking process?
To take advantage of these benefits, you must kickstart your trademark application to the United States Patent and Trademark Office (USPTO). This starts with setting up an account on USPTO.gov to access the Trademark Electronic Application System (TEAS) in the first place. It is pivotal that you fill out the application in its entirety and include your payment of the required trademark fee. From here, you may monitor your application status through the Trademark Status and Document Retrieval (TDSR) system.
You may hear back from the USPTO within three months of submitting your application. Hopefully, the news is that your application was approved. However, you may receive an office action instead. This letter may explain the deficiencies in your application that must be corrected. With this, you must respond with the requested information within three months of receiving the office action. Ultimately, a lawyer’s assistance may make this process easier. A lawyer may also improve your chances of an approved application.
This all means that you must tackle your trademark application as soon as possible. So call a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm today.
